Gonzalez v. West 38th St. Dev. LLC

2018 NY Slip Op 1383

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 1, 2018
• Docket: 5845 306437/09
• Status: Published

Opinion

Gonzalez v West 38th St. Dev. LLC (2018 NY Slip Op 01383)

Gonzalez v West 38th St. Dev. LLC

2018 NY Slip Op 01383

Decided on March 1, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 1, 2018
Acosta, P.J., Friedman, Richter, Kapnick, JJ.

5845 306437/09

[*1]Mariano Gonzalez, Plaintiff-Appellant,

v

West 38th Street Development LLC, et al., Defendants-Respondents.

Robert Goodman, P.C., New York (Louis A. Badolato of counsel), for appellant.

The Law Offices of Kenneth Arthur Rigby, PLLC, New York (Kenneth Arthur Rigby of counsel), for respondents.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered July 8, 2016, which, insofar as appealed from, denied plaintiff's motion for partial summary judgment as to liability on his Labor Law § 241(6) claim, unanimously affirmed, without costs.

Regardless to whether plaintiff established a prima facie case for summary judgment, defendants raised an issue of fact in

opposition as to the adequacy of the lighting in the basement at the time of the accident.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 1, 2018

CLERK